San Diego County Municipal Code § 61.109 Hearing Requested by Permit Holder or Department of Environmental Health…

*Note—Repealed and new Chapter 1 added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10927 (N.S.), effective 1-10-25.

Part 7 of Division 104 of the California Health and Safety Code (HSC) (sections 113700 et seq.), also referred to as the California Retail Food Code (CRFC), provides Statewide health and sanitation standards for retail food facilities. These sections allow a county to establish some local requirements for retail food facilities and their employees. These sections also provide that a local enforcement agency shall have primary enforcement responsibility for the State regulations in its jurisdiction. The purposes of this Division are to clarify and explain the CRFC for local implementation where necessary, to adopt additional regulations for retail food facilities and their employees to protect the public health and safety in San Diego County, to codify and amend a long-standing County program to regulate caterers, and to appoint the Director of Environmental Health to enforce State and County regulations for retail food facilities and their employees.

Because they are not based on the CRFC, the food facility grading and food handler requirements in this Division (at sections 61.107, 61.108, 61.114 and 61.115) are directly applicable only in the unincorporated portions of San Diego County. However, parallel provisions have been enacted in all of the incorporated cities in the County.

Because the Director is the environmental health officer in all incorporated cities in the County (as authorized by State law and by agreement with each city), parallel city ordinance provisions for food facility grading, food handlers and private event caterers are also administered and enforced by the Director. All other provisions of this Division, implement the CRFC and apply County-wide pursuant to the CRFC. All requirements in this Division are administered and enforced by the Director.

This Division does not override any local land use requirement or limitation, or any local regulation on where mobile food facilities may operate.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25; amended by Ord. No. 10966 (N.S.), effective 12-18-25)

The following definitions shall apply to this chapter and to Chapter 3 of this Title:

"CFO" means "Cottage Food Operation" as defined in HSC section 113758.

"CMFO" means "Compact Mobile Food Operation," including the use of carts as defined in HSC section 113831(c).

"CRFC" means the California Retail Food Code, which is codified in the California Health and Safety Code.

"Department" means the County Department of Environmental Health and Quality.

"Director" means the Director of Environmental Health and any person appointed by the Director to enforce or administer this chapter.

"Equipment" has the same meaning as the term "equipment" in HSC section 113777.

"Expedited Plan Check Inspection" means plan check field inspection service that is provided within an accelerated time frame.

"Expedited Plan Review" means plan review service that is provided at an accelerated time frame.

"Food" has the same meaning as the term "food" in HSC section 113781.

"Food facility" has the same meaning as the term "food facility" in HSC section 113789, and also includes a "catering operation" or "catering facility" and a "catering host facility" as defined in Chapter 3 of this Title.

"Food handler" means a person who prepares, handles, packages, serves or stores food or handles utensils, or assists another person in any of those tasks at a food facility that requires a permit pursuant to this chapter.

"HSC" means the California Health and Safety Code.

"Imminent health hazard" has the same meaning as the term "imminent health hazard" in HSC section 113810.

"Limited Beverage Service" means for the purpose of section 65.107(a), a temporary food facility operation that only serves non-potentially hazardous beverages requiring no preparation other than dispensing from the approved container or draft, directly into the consumer's beverage container ,or the service of non-potentially hazardous beverages that require the mixing of ingredients and addition of ice or garnish to a beverage.

"Low-Risk Food Facility" means for purposes of section 65.107(a):

(a) A retail food facility that is operating as defined in HSC Section 113818 with the additional allowance of slicing of ready-to-eat potentially hazardous food for immediate service.

(b) A facility that only serves frozen milk products.

(c) A facility that holds an Alcoholic Beverage Control license type 42 or 48 facility, as long as the facility does not engage in slicing, chopping or grinding of raw potentially hazardous foods, reheating for hot holding, washing of foods, or cooking, baking, barbecuing, broiling, frying or grilling any food.

"MEHKO" means "Microenterprise Home Kitchen Operation" as defined in HSC Section 113825.

"Minor remodel" means the installation of new equipment to an existing facility, or the construction, building, repair, or alteration of existing areas of the facility that does not exceed 300 square feet and includes, but is not limited to, structural, plumbing, mechanical, or electrical work.

"Miscellaneous Food Facility" means a facility with 25 square feet or more of food display and storage area (including Candy Stores, Concession Stands, Host Facilities, and Prepackaged Non-Potentially Hazardous Foods), and Catering Equipment Rentals and Retail Food Delivery (delivery of food made at a retail food facility to another location by a person other than an employee of the retail food facility where the food was prepared).

"Multiple Kitchen Complex Operation" means any establishment used as a place of business for the purpose of leasing, renting, or otherwise providing individual commercial kitchen space to independent retail food facility operations, where that space is not used or shared by another operator. Common shared infrastructure such as restroom facilities, janitorial facilities, dry food storage, and refrigerated and/or frozen food storage is provided for each individual tenant to use.

"Prepare" means to package, process, assemble, portion or engage in any operation that changes the form, flavor or consistency of food, but does not include trimming produce.

"Ready-to-eat food" has the same meaning as the term "ready-to-eat food" in HSC section 113881.

"Resubmittal" means any additional plan submittal required for corrections identified as a result of a submittal and subsequent review for any New, Major Remodel, or Minor Remodel project.

"Retail Food Processing" means for the purpose of section 65.107(a), any food facility that has no on-site indoor or outdoor dining and processes and packages food for retail sales for delivery, pick-up, or take-out only, and does not have a prepackaged retail sales floor. Examples of this type of operation include but are not limited to the following:

(a) Facilities operating from shared permitted kitchens that produce pre-ordered individual retail sales (food/beverages) for delivery, pick-up, or take-out only.

(b) Facilities that process and package food for retail sales that may also have processed food registrations/licenses with the California Department of Public Health, California Department of Food and Agriculture, or the United States Department of Food and Agriculture.

(c) Facilities offering prepared food to-go that may require additional preparation or cooking.

(d) Sushi makers inside grocery stores.

(e) Tortilleria/Popsicle manufacturers.

(f) Commissary/Prep kitchens for delivery to the other locations (owned by same business).

"Revision" means any plan submittal required for a change of scope to the initial submittal for any New, Major Remodel, or Minor Remodel project, whether those changes come outside the scope of an issued correction letter, or with a change to the scope of work or operations prior to plan approval or following plan approval.

"School Auxiliary Facility" means an educational facility that is serviced by a School Food Processing Facility, or other permitted food facility, and conducts processes that include but are not limited to dispensing, reheating, and storage of potentially hazardous foods. Auxiliary Facilities may open prepackaged food as necessary to stock an onsite salad bar and rinse whole uncut produce. All other food preparation, including the slicing and processing of produce, must be conducted at a School Food Processing Facility.

"School Food Processing Facility" means an educational facility that conducts full processing including, but is not limited to, handling, preparing, assembling, cooking, cooling, and reheating of potentially hazardous foods; washing and slicing of produce. This site may be a stand-alone site, or a centralized location that services multiple auxiliary kitchens.

"Tableware" has the same meaning as the term "tableware" in HSC section 113926.

"Utensil" has the same meaning as the term "utensil" in HSC section 113934.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21; amended by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10848 (N.S.), effective 7-1-23; amended by Ord. No. 10927 (N.S.), effective 1-10-25; amended by Ord. No. 10966 (N.S.), effective 12-18-25; amended by Ord. No. 11006 (N.S.), effective 7-10-26)

The Department shall be the local enforcement agency for the CRFC and the regulations adopted in this Division, and for parallel food facility grading, food handler, and caterer requirements adopted by cities within the County.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A person who is required to obtain a food facility permit pursuant to the CRFC shall submit an application for the permit to the Department on a form provided by the Department and pay all applicable permit fees. The permit shall be available on site for review upon request and shall not be defaced or marred. Restaurant operators with a food facility permit may cater private events without an additional permit. All other catering requires a catering permit. The application for a permit shall be accompanied by the annual permit fee, if any, required in Title 6, Division 5, Chapter 1. (See County Code section 65.107(a).) Where a plan check or plan consultation is required, the time-based fee specified in Title 6, Division 5, Chapter 1 must be paid before a permit or other approval to operate is issued. (See County Code section 65.107(m).)

(b) A person organizing a community event or swap meet at which any food vendor claims exclusion from "food facility" status pursuant to Health and Safety Code 113789(c)(4) (i.e., based on operation of the event for the benefit of a non-profit, and the absence of any monetary benefit to the for-profit food vendor other than that resulting from recognition from participating in the event) shall submit with the application for an organizer's permit for the event one of the following:

(i) A certification by an individual authorized to represent the organizer, sworn under penalty of perjury under the laws of the State of California, identifying each vendor claiming this exclusion, and stating that the signatory has confirmed after reasonable inquiry that the organizer has procedures in place to collect all revenues received by those vendors in excess of each vendor's direct costs of participating in the event, and has procedures in place to remit those excess revenues, less any contractual fee retained by the organizer, to the non-profit beneficiary of the event.

(ii) Certifications by individuals authorized to represent each vendor claiming this exclusion, sworn under penalty of perjury under the laws of the State of California, stating that the vendor had procedures in place to determine its event revenues in excess of its direct costs of participating in the event, and will remit those excess revenues if any either directly to the non-profit beneficiary of the event, or to the organizer for distribution to non-profit beneficiary.

(c) Pursuant to Health and Safety Code section 114390(b)(1), the Director may require any food vendor doing business at an event without a temporary food facility permit or a statement as set out in subsection (b) on file with the Department to provide documentation of receipts, expenses, and remittances to the non-profit beneficiary of that event sufficient to show eligibility for exclusion for that event under Health and Safety Code section 113789(c)(4).

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21; amended by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

When the Department initiates an enforcement action against a person operating a food facility without a permit required by the CRFC the Department may recover its enforcement costs from the violator, up to a maximum of three times the cost of the permit. After the enforcement activity has been completed, the Department may send the violator a penalty assessment for its enforcement costs. The violator shall pay the assessment within 15 days from the date of the assessment or at the time the violator applies for the permit, whichever occurs first.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

A person required to submit written plans and specifications to the Department pursuant to Health and Safety Code section 114380 shall pay the plan review fee required in Title 6, Division 5 at the time the person submits plans and specifications. If more than one plan review is required, the applicant shall also pay the plan revision and plan check consultation fees specified in that Division.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) The Director may adopt regulations to grade permanent or mobile food facilities that prepare food (as defined in Section 113791 of the California Retail Food Code), using a letter grade system. The grading system may be used during any inspection the Department conducts. An "A" grade shall represent a score of 90 percent or higher. A "B" grade shall represent a score of 80 to 89 percent. A "C" grade shall represent a score less than 80 percent. The Department shall issue an alphabetical grade card to each food facility graded during an inspection pursuant to this section and shall provide the permit holder with a list of deficiencies found during the grading inspection. If the Department determines from the inspection, however, that the facility presents an imminent health hazard that warrants immediate closure the Department shall not issue the facility a grade card. Facilities operating as MEHKOs under Chapter 5 of this Code are exempt from grading system requirements under CRFC Section 114367.1(b)(23).

(b) The Department may order a food facility permit holder receiving a grade of "B" or "C" to submit to subsequent re-grade inspections within 30 days, until the facility receives an "A" grade. The Department may also order a permit holder to correct a deficiency found during an inspection in less than 30 days. The permit holder shall pay the Department a re-grade fee at the time of each re-grade inspection, as specified in Title 6, Division 5, Section 65.107 (d). MEHKOs operating under Chapter 5 of this Code are exempt from grading system requirements.

(c) The Department may use information obtained during an inspection pursuant to this section to temporarily suspend a food facility permit and order a food facility to immediately close due to an imminent health hazard that cannot be immediately corrected. The Department may also use the information obtained during an inspection to modify, suspend or revoke the food facility's permit.

(d) If the Department determines that a food facility should be ordered to show cause at a hearing why its permit should not be suspended or revoked, the Department may require the facility to post a specified alternative notice instead of a grade card, until that hearing process is concluded and a decision concerning the permit is rendered.

(e) If the Department determines that the public should be informed of temporary conditions affecting a food facility, such as a boil water order or a closure order for only a portion of the facility, the Department may require the facility to post a specified notice, and may direct that such posting be maintained either instead of or in addition to posting a grade card.

(f) Violations of the requirements of this code related to food facility grading shall be subject to the penalties and procedures set out in Division 8 of Title 1 of this code.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10101 (N.S.), effective 1-7-11; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21; amended by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) The permit holder of a permanent or mobile food facility that prepares ready-to-eat food shall post the alphabetical grade card the Department issues, or any alternative notice specified by the Department pursuant to Section 61.107, whenever the facility is open for business. The grade card or alternative notice shall be posted so that it is clearly visible to patrons of the facility so that statements on the card may be read. MEHKOs operating under Chapter 5 of this Code are exempt from grading system requirements.

(b) If the food facility is enclosed, the permit holder shall post the grade card or alternative notice: (1) in the front window of the facility, (2) in an accessible display case mounted on the outside of the front door, (3) in an accessible display case mounted on the outside front wall of the facility within five feet of the front door or (4) in some other location the Department approves. If the food facility has a drive-through feature, the permit holder shall also post the grade card or alternative notice at the drive-in pickup window of the facility.

(c) If the food facility is not enclosed, the permit holder shall display the grade card or alternative notice in a location clearly visible to any patron of the facility. The Department may require the permit holder of an unenclosed facility to display the grade card or alternative notice in a specific location.

(d) The permit holder shall protect the alphabetical grade card or alternative notice from damage by weather conditions and shall not allow the card or alternative notice to be defaced, marred, camouflaged or hidden so as to prevent the general public from observing it. The permit holder shall request a new card or alternative notice from the Department within one business day of the grade card or alternative notice being damaged, marred, altered or lost.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10101 (N.S.), effective 1-7-11; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) If a permit holder requests a hearing within 15 days after receiving notice that the Department proposes to suspend or revoke a food facility permit pursuant to the CRFC, or if the Department temporarily closes a food facility for an imminent health hazard, the Director shall schedule a hearing. The Director shall also schedule a hearing when the Department proposes to modify, suspend or revoke a permit for serious or repeated violations of the CRFC. A hearing pursuant to this section shall be with a Department employee, at the supervisor level or higher, who was not involved in the decision to propose to modify, suspend or revoke the permit or to temporarily close the facility.

(b) The permit holder may appeal the decision made at the hearing to the Appellate Hearing Board as provided in Chapter 1 of Division 6 of Title 1 of this Code. Filing an appeal shall stay the decision of the Department hearing officer, unless the Department hearing officer determined that an imminent health hazard required closure of the facility.

(c) The Clerk shall endeavor to schedule the appeal hearing on an expedited basis if the food facility must remain closed until that appeal is heard.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10101 (N.S.), effective 1-7-11; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A permit holder and the Department may enter into a written administrative probation agreement to modify a decision by a departmental hearing officer to suspend a permit.

(b) If a permit holder fails to comply with the terms of an administrative probation agreement the Department may reinstate the original permit suspension and enforce any additional violation of the CRFC. The Director shall be the sole judge of whether the permit holder failed to comply with the agreement.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) If the Director determines that a food facility is operating without a permit required by the CRFC the Director may order the person who owns or operates the facility to close immediately. In addition to taking any legal action authorized by law to compel a facility owner or operator to cease operating without a permit, the Director may post a notice of closure at or on a food facility operating without a permit, advising the public that the facility does not have a permit to sell food.

(b) The Director may also post a notice of closure on a food facility:

(1) When the Director orders the facility to close due to an imminent health hazard that the food facility does not immediately correct.

(2) When the Director suspends or revokes the facility's permit.

(c) No person other than the Director shall remove a notice posted by the Director pursuant to this section.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) A mobile food facility permit holder shall pass an annual certification inspection at the same time the permit holder renews the annual permit or at a later date that the Department designates. A mobile food facility permit holder that passes inspection shall be issued a certification sticker, which the permit holder shall display on the mobile food facility at all times. If the mobile food facility permit holder fails to timely complete the annual inspection process the permit holder shall pay a late fee of 50% of the cost of the permit. No person shall operate or allow another person to operate a mobile food facility unless the facility passes the annual inspection. The mobile food facility may also be inspected in the field as authorized by the Director.

(b) The Director may establish a program to ensure that Mobile Food Facilities can be efficiently located in the field for inspections and grading, and may implement that program through permitting conditions.

A current list of locations at which a mobile food permit holder will operate shall be submitted to the Department along with a current cell phone number. the Department shall be notified in a timely manner whenever a change is made.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) No person shall rent or lease equipment, tableware or utensils to a catering operation or to the public without a miscellaneous food facility permit issued by the Department for that operation.

(b) No person shall rent or lease equipment, tableware or utensils to a catering operation or to the public unless it complies with the following requirements:

(1) The equipment is stored in a building that complies with the requirements the CRFC requires a food facility to comply with for storing equipment in a building.

(2) The tableware and utensils have been cleaned and sanitized by the same methods the CRFC requires a food facility to follow.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Except as provided in subsection (e) of this section no person shall employ a person as a food handler in a food facility unless the food handler: (1) has been issued a current food handler training certificate as provided in subsection (b) or (c) of this section, or (2) is supervised by a food safety certified owner or employee pursuant to the CRFC and has passed a food handler test, as described in subsection (d) below. A person may employ a food handler, however, who for the first ten days of employment has not passed the food handler test.

(b) A person the Director authorizes may issue a food handler training certificate to a person who successfully completes a three hour food sanitation training course and scores a grade of 80% or higher on a proficiency test, provided the Director approves the instructor, the course and the test. The person seeking authorization from the Department to issue certificates shall pay the fee specified in section 65.107 of this code. To be approved, the course of instruction shall include all of the following subjects:

(1) Major causes of foodborne illness.

(2) Time and temperature control of potentially hazardous foods.

(3) Proper employee health and hygiene practices.

(4) Methods to protect food from contamination.

(5) Required consumer advisories.

(6) Approved food sources.

(7) Washing and sanitizing of utensils and equipment.

(8) Pest control.

(c) A food handler training certificate shall be valid for three years from the date it is issued. A person issued a food handler training certificate continuing employment at the food facility shall obtain a new certificate every three years. The Director or a person the Director authorizes may renew a food handler training certificate for additional three year periods if the food handler is trained and able to obtain a score of 80% or higher on the proficiency test at renewal time. The Director may also require a person with a food handler training certificate to retake the training certificate course or retake and pass the proficiency test after less than three years from the date the certificate is issued.

(d) A food safety certified owner or employee, after covering fundamental principles of food safety practices, may administer a food handler test that the Director prepares. A grade of 80% or higher is a passing grade. The food handler's passing test score shall be valid for three years from the test date or until the food handler ceases working as a food handler at the facility. A food handler continuing employment at the facility shall obtain a passing grade on the food handler test every three years. The Director may require a food handler to retake the test after less than three years.

(e) Notwithstanding the requirements of this section, the Director may allow the owner or operator of a temporary food facility to employ a food handler who does not have a current food handler certificate or who has not passed the food handler test within the last three years if: (1) the temporary food facility complies with H & S Code section 113947.1(c) and (2) the food handler is able to demonstrate adequate knowledge of food safety principles related to the operation of the temporary food facility. If a temporary food facility operator is handling non-prepackaged, potentially hazardous food, has passed the approved and accredited food safety certification examination specified in H & S code sections 113947.2 and 113947.3 the temporary food facility may apply for an annual temporary food facility permit rather than having to obtain a temporary event permit for each temporary event the facility participates in.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10350 (N.S.), effective 9-5-14; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25; amended by Ord. No. 10945 (N.S.), effective 6-20-25)

The permit holder of a food facility shall maintain at the food facility a complete list of all food handlers and food safety certificate holders the facility employs. The permit holder shall also maintain a copy of any employed food handler's current: (a) food handler training certificates, (b) food handler test and (c) food safety certificate required by the CRFC. The Director may inspect any of these records the permit holder is required to maintain at the facility whenever the facility is open for business.

(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

(a) Cottage Food Operations (CFOs) whose potable water supply comes from a private well shall submit with their permit application sample results verifying the water supply meets at minimum a "Transient Non-Community Water System" standard, as defined in HSC Section 116275(o). Sample results shall include nitrate, nitrite, bicarbonate, carbonate and hydroxide alkalinity, calcium, iron, magnesium, manganese, pH, specific conductance, sodium, total hardness and bacteriological water quality.

(b) CFOs whose permits are initially approved shall submit annually with the CFO permit renewal, updated nitrate, nitrite and bacteriological water sample results that show the water supply continues to meet "Transient Non-Community Water System" potable water standards. CFOs served by a public water system with groundwater sources shall submit documentation that water supply meets at minimum Transient Non-Community water quality standards.

(c) Transactions at up to two CMFOs operated by a CFO shall not count toward the annual gross sales restrictions in HSC Section 113758 applicable to CFOs.

(Added by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)